Bill Text: NY A08444 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits the sale of alcoholic energy drinks and provides definition thereof.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A08444 Detail]

Download: New_York-2015-A08444-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8444
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ, MILLER, COOK, McDONOUGH, FINCH, MONTESANO
         -- Multi-Sponsored by -- M. of A. HIKIND -- read once and referred  to
         the Committee on Economic Development
       AN ACT to amend the general business law, in relation to prohibiting the
         sale of alcoholic energy drinks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-yyy to read as follows:
    3    S 399-YYY. PROHIBITION ON THE IMPORTATION,  DISTRIBUTION  OR  SALE  OF
    4  ALCOHOLIC ENERGY DRINKS. 1. NO PERSON, FIRM, CORPORATION, OR ASSOCIATION
    5  SHALL  IMPORT,  DISTRIBUTE,  SELL  OR OFFER TO SELL ANY ALCOHOLIC ENERGY
    6  DRINK.
    7    2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ALCOHOLIC ENERGY DRINK"
    8  MEANS ANY ALCOHOLIC BEVERAGES TO  WHICH  CAFFEINE  OR  OTHER  STIMULANTS
    9  WHICH ARE METABOLIZED AS CAFFEINE ARE ADDED.
   10    3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
   11  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
   12  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
   13  PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
   14  NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
   15  VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
   16  JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
   17  INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
   18  RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
   19  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
   20  PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
   21  PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
   22  HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
   23  TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
   24  SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04188-01-5
       A. 8444                             2
    1  THAN  ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH SALE OF AN ALCOHOLIC
    2  ENERGY DRINK IN VIOLATION OF THIS SECTION SHALL  CONSTITUTE  A  SEPARATE
    3  VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
    4  NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
    5  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
    6  TICE LAW AND RULES.
    7    S 2. This act shall take effect immediately.